Partition Lawyers in Richmond
Our Richmond partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff's interest in the property, which is generally the plaintiff's goal.
- How does a partition action work in California?
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (510) 999-3300 or contact us online today.
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Gay v. Parpart - Partition Action Case Study
In the legal case of Gay v. Parpart, 106 U.S. 679 (1883), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, John and William Gay, over the partition of their father's real estate. William had sold his interest in the property to a third party, and John sought to partition the property without William's consent. The Supreme Court held that a partition of real estate could not be made without the consent of all the owners, and that William's sale of his interest did not constitute consent to the partition.
